FAQIR CHAND GULATI Vs. UPPAL AGENCIES PVT LTD

JUDGEMENT

(1.) This appeal is against the order dated 3.2.2004 passed by the National Consumer Disputes Redressal Commission ( Commission for short) in Revision Petition No. 1878 of 2000. It relates to the question whether a land owner, who enters into an agreement with a builder, for construction of an Apartment Building and for sharing of the constructed area, is a consumer entitled to maintain a complaint against the builder as a service-provider under the Consumer Protection Act, 1986.

(2.) The appellant is the owner of premises No. L-3, Kailash Colony, New Delhi. He entered into a collaboration agreement dated 17.5.1991 with the first respondent, the terms of which are, in brief, as follows:

(3.) The appellant (also referred to as land-owner ) alleges that the first respondent (also referred to as the builder ) secured sanction of the plan for construction from the Municipal Corporation of Delhi [for short MCD ) but made several unauthorized deviations during construction, resulting in several deviation notices from MCD. In fact, MCD passed an order dated 16.1.1991 to seal the premises, but subsequently, the premises was de- sealed to enable the builder to rectify the deviations. The builder delivered possession of the ground floor on 2.4.1992. The builder sold the first and second floors to four persons under sale deeds dated 18.3.1992, 18.3.1992, 2.6.1995 and 2.6.1995.